ACTON MANUFACTURING CO. v. MYERS

No. 40,757

182 Kan. 364 (1958)

320 P.2d 840

ACTON MANUFACTURING COMPANY, INC., Appellee, v. GEORGE M. MYERS, INC., Appellant.

Supreme Court of Kansas.

Opinion filed January 25, 1958.


Attorney(s) appearing for the Case

Robert C. Foulston, of Wichita, argued the cause, and George B. Powers, Carl T. Smith, John F. Eberhardt, Samuel E. Bartlett, Stuart R. Carter, Malcolm Miller, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris, Anthony T. Dely, and Gerald Sewatzky, all of Wichita, and J.B. McKay, and J.B. McKay, Jr., both of El Dorado, were with him on the briefs for the appellant.

Harry L. Hobson, of Wichita, argued the cause, and W.D. Jochems, J. Wirth Sargent, Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, J. Francis Hesse, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, and John W. Brimer, all of Wichita, and L.J. Bond, and R.M. Bond, both of El Dorado, were with him on the briefs for the appellee.


The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court overruling defendant's demurrer to plaintiff's second amended petition and from previous orders overruling defendant's motions to make definite and certain or to strike which were directed against plaintiff's petition and amended petition.

The petition substantially alleged that on March 27, 1955, defendant commenced certain construction and maintenance...

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